[House Report 114-435]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-435
======================================================================
AMENDING THE DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT
ACT TO PROVIDE ACCESS TO CERTAIN VEHICLES SERVING RESIDENTS OF
MUNICIPALITIES ADJACENT TO THE DELAWARE WATER GAP NATIONAL RECREATION
AREA, AND FOR OTHER PURPOSES
_______
February 24, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 3620]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3620) to amend the Delaware Water Gap National
Recreation Area Improvement Act to provide access to certain
vehicles serving residents of municipalities adjacent to the
Delaware Water Gap National Recreation Area, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 3620 is to amend the Delaware Water Gap
National Recreation Area Improvement Act to provide access to
certain vehicles serving residents of municipalities adjacent
to the Delaware Water Gap National Recreation Area.
Background and Need for Legislation
The Delaware Water Gap National Recreation Area in
Pennsylvania and New Jersey preserves 70,000 acres on both
sides of the Delaware River. Highway 209 spans 21 miles through
the middle of the National Recreation Area and served as a
major truck route for many years. In 1981, Highway 209 was
transferred from the Commonwealth of Pennsylvania to the
National Park Service (NPS).
Two years later, a provision of Public Law 98-63, the
Fiscal Year 1983 Supplemental Appropriations Act, closed the
Park segment of Highway 209 to commercial traffic and
authorized NPS to collect and retain fees from commercial use
of the road. A 10-year transition period was established to
accommodate impacts on the surrounding communities, especially
the 13 trucking companies that were in existence in towns
adjacent to the Park at that time. This portion of federal
roadway was a heavily travelled commercial vehicle route
between Interstates 80 and 84. The Federal Government ensured
that I-287 in New Jersey and I-380 in Pennsylvania were built
to provide an alternate route between I-80 and I-84, and the
Commonwealth of Pennsylvania was tasked with the improvement of
State Road 2001 to absorb the remaining traffic.
In 1996, Congress passed Public Law 104-333, which extended
permitting for commercial vehicle traffic until September 30,
2005. In 2005, the 109th Congress passed Public Law 109-156,
the Delaware Water Gap Improvement Act, which extended
permitting for commercial vehicle traffic until September 30,
2015. This extension was passed to provide more time for the
Commonwealth of Pennsylvania to complete upgrades to State Road
2001, including a land exchange.
As the third extension permitting commercial vehicle use of
Highway 209 neared expiration on September 30, 2015, local
elected officials requested that Congress enact legislation
directed at permitting access for smaller class commercial
vehicles for businesses physically located in towns adjacent to
Highway 209, for a period of five years. H.R. 3620 does just
that.
Committee Action
H.R. 3620 was introduced on September 28, 2015, by
Congressman Tom Marino (R-PA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. On February 2, 2016, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. No amendments were
offered, and the bill was ordered favorably reported to the
House of Representatives by unanimous consent on February 3,
2016.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 3620--A bill to amend the Delaware Water Gap National Recreation
Area Improvement Act to provide access to certain vehicles
serving residents of municipalities adjacent to the Delaware
Water Gap National Recreation Area, and for other purposes
H.R. 3620 would permit certain commercial vehicles to pass
through the Delaware Water Gap National Recreation Area and
allow the Department of the Interior (DOI) to collect an annual
fee up to $200 from the users of those vehicles until September
30, 2020.
The National Park Service (NPS) would be authorized to
spend the fees collected to offset the cost of operating the
program.
Because the legislation would allow NPS to collect fees
from commercial vehicles, H.R. 3620 would increase offsetting
receipts from permit fees and associated direct spending;
therefore, pay-as-you-go procedures apply. However, based on
information from NPS, CBO estimates that the net effect on
direct spending would be insignificant. Enacting the bill would
not affect revenues.
CBO estimates that enacting H.R. 3620 would not increase
net direct spending or on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2027.
H.R. 3620 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Marin Burnett.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. According to the Congressional
Budget Office (CBO), because the bill would allow the National
Park Service to collect fees (of up to $200) from certain
commercial vehicles that transit the Recreation Area, enactment
of the bill would increase offsetting receipts. However, CBO
concludes that the net effect on direct spending ``would be
insignificant.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Delaware Water Gap
National Recreation Area Improvement Act to provide access to
certain vehicles serving residents of municipalities adjacent
to the Delaware Water Gap National Recreation Area.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT ACT
* * * * * * *
SEC. 2. DEFINITIONS.
In this Act:
(1) Adjacent municipalities.--The term ``adjacent
municipalities'' means Delaware Township, Dingman
Township, Lehman Township, Matamoras Borough, Middle
Smithfield Township, Milford Borough, Milford Township,
Smithfield Township and Westfall Township, in
Pennsylvania.
[(1)] (2) Corporation.--The term ``Corporation''
means the Columbia Gas Transmission Corporation.
[(2)] (3) Pipeline.--The term ``pipeline'' means that
portion of the pipeline of the Corporation numbered
1278 that is--
(A) located in the Recreation Area; and
(B) situated on 2 tracts designated by the
Corporation as ROW No. 16405 and No. 16413.
[(3)] (4) Recreation area.--The term ``Recreation
Area'' means the Delaware Water Gap National Recreation
Area in the Commonwealth of Pennsylvania.
[(4)] (5) Secretary.--The term ``Secretary'' means
the Secretary of the Interior.
[(5)] (6) Superintendent.--The term
``Superintendent'' means the Superintendent of the
Recreation Area.
* * * * * * *
[SEC. 4. USE OF CERTAIN ROADS WITHIN DELAWARE WATER GAP.
[Section 702 of Division I of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333; 110 Stat.
4185) is amended--
[(1) in subsection (a), by striking ``at noon on
September 30, 2005'' and inserting ``on the earlier of
the date on which a feasible alternative is available
or noon of September 30, 2015''; and
[(2) in subsection (c)--
[(A) in paragraph (1), by striking
``September 30, 2005'' and inserting ``on the
earlier of the date on which a feasible
alternative is available or September 30,
2015''; and
[(B) in paragraph (2)--
[(i) by striking ``noon on September
30, 2005'' and inserting ``the earlier
of the date on which a feasible
alternative is available or noon of
September 30, 2015''; and
[(ii) by striking ``not exceed $25
per trip'' and inserting the following:
``be established at a rate that would
cover the cost of collection of the
commercial use fee, but not to exceed
$40 per trip''.]
SEC. 4. USE OF CERTAIN ROADS WITHIN THE RECREATION AREA.
(a) In General.--Except as otherwise provided in this
section, Highway 209, a federally owned road within the
boundaries of the Recreation Area, shall be closed to all
commercial vehicles.
(b) Exception for Local Business Use.--Until September 30,
2020, subsection (a) shall not apply with respect to the use of
commercial vehicles that have four or fewer axles and are--
(1) owned and operated by a business physically
located in--
(A) the Recreation Area; or
(B) one or more adjacent municipalities; or
(2) necessary to provide services to businesses or
persons located in--
(A) the Recreation Area; or
(B) one of more adjacent municipalities.
(c) Fee.--The Secretary shall establish a fee and permit
program for the use by commercial vehicles of Highway 209 under
subsection (b). The program shall include an annual fee not to
exceed $200 per vehicle. All fees received under the program
shall be set aside in a special account and be available,
without further appropriation, to the Secretary for the
administration and enforcement of the program, including
registering vehicles, issuing permits and vehicle
identification stickers, and personnel costs.
(d) Exceptions.--The following vehicles may use Highway 209
and shall not be subject to a fee or permit requirement under
subsection (c):
(1) Local school buses.
(2) Fire, ambulance, and other safety and emergency
vehicles.
(3) Commercial vehicles using Federal Road Route 209,
from--
(A) Milford to the Delaware River Bridge
leading to U.S. Route 206 in New Jersey; and
(B) mile 0 of Federal Road Route 209 to
Pennsylvania State Route 2001.
* * * * * * *
----------
SECTION 702 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF
1996
[SEC. 702. DELAWARE WATER GAP.
[(a) In General.--Effective on the earlier of the date on
which a feasible alternative is available or noon of September
30, 2015, the use of Highway 209 within Delaware Water Gap
National Recreation Area by commercial vehicles, when such use
is not connected with the operation of the recreation area, is
prohibited, except as provided in subsection (b).
[(b) Local Business Use Protected.--Subsection (a) does not
apply with respect to the use of commercial vehicles to serve
businesses located within or in the vicinity of the recreation
area, as determined by the Secretary.
[(c) Conforming Provisions.--
[(1) Paragraphs (1) through (3) of the third
undesignated paragraph under the heading
``ADMINISTRATIVE PROVISIONS'' in chapter VII of title I
of Public Law 98-63 (97 Stat. 329) are repealed,
effective on the earlier of the date on which a
feasible alternative is available or September 30,
2015.
[(2) Prior to the earlier of the date on which a
feasible alternative is available or noon of September
30, 2015, the Secretary shall collect and utilize a
commercial use fee from commercial vehicles in
accordance with paragraphs (1) through (3) of such
third undesignated paragraph. Such fee shall be
established at a rate that would cover the cost of
collection of the commercial use fee, but not to exceed
$40 per trip.]
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